Public nuisances shall be abated in accordance with the abatement procedures set forth in this Article 11.1 except where a different procedure is set forth elsewhere in this code or in the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition or its successors.
(Ord. 08-24 11-18-08)
Whenever the City Administrator or designee has inspected or caused an inspection of any property and finds that any premises property within the City may be maintained contrary to one or more of the provisions of this Chapter then he or she shall give written correction notice to the owner of said property stating the violations of said Section Chapter. Such notice shall set forth a reasonable time limit, and in any event not more than thirty days of receipt of proper services unless an extension for good cause is granted by the City Administrator or designee, for correction of the violation(s) and may also set forth suggested methods of correcting the same. Such notice shall be served upon the owner of said property according to the provisions of this Chapter covering service in person or by mail.
(Ord. 08-24 11-18-08)
In the event said owner shall fail, neglect, or refuse to comply with the notice to correct said violation(s), the Construction Appeals Board shall conduct a public hearing to ascertain whether said violation constitutes a public nuisance, the abatement of which is appropriate under the police power of the City. Notice of said hearing shall be served upon the owner thereof according to the provisions of this Article.
(Ord. 08-24 11-18-08)
This notice shall be in a form substantially as follows:
This is to inform the property owner of (address_____) that a public said hearing has been scheduled on (date_____) before the Construction Appeals Board to ascertain whether certain property situated in the City of Inglewood, State of California, known and designated as _____, in said City, and more particularly described as _____ constitute a public nuisance subject to abatement by the rehabilitation of such property or by the repair or demolition of buildings or structures situated thereon. If said property, in whole or part, are found to constitute a public nuisance as defined in this Chapter and if the same are not promptly abated by the owner, such nuisances may be abated by municipal authorities, in which case the cost of such rehabilitation, repair, or demolition will be assessed upon such property and such cost will constitute a lien upon such land until paid and shall be made a personal obligation of the owner.
Said alleged violations consist of the following:
The methods of abatement available are:
All persons having an interest in said matters may attend said hearing when their testimony and evidence will be heard and given due consideration.
DATED: This _____day of ________, 20 _____
City Administrator or designee
(Ord. 08-24 11-18-08)
Notice of said hearing shall be served upon the owner thereof not less than fifteen days before the time fixed for said hearing. Service shall be by personal service upon the owner of said property as such owner's name and address appears on the last equalized assessment roll if he or she is found within the City limits, or by mailing a copy of said notice, prepaid. Said mail shall be registered or certified and addressed to said owner at his or her last known address and if there is no such address, then in care of the property address. The service shall be deemed complete at the time of deposit in the mail. The failure of any person to receive such notice shall not affect the validity of any proceedings hereunder.
(Ord. 08-24 11-18-08)
(1) 
At the time stated in the notice, the Construction Appeals Board shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises property. Said hearing may be continued from time to time.
(2) 
If the Board finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish, or repair the same, the Board shall prepare a resolution containing a report of such findings and its recommendation with respect to the abatement. A copy of such resolution shall be served upon all the owners pursuant to the proceeding subsection. The Board shall hold such resolution and report for seven days for any appeal which may be filed pursuant to this Section and then shall file such resolution and report with the City Council.
(Ord. 08-24 11-18-08)
In the absence of any appeal, the City Council, upon receiving such report from the Construction Appeals Board, may by resolution without further hearing declare such property to be a public nuisance and order the abatement of the same within thirty days, by having such premises property, building, or structures rehabilitated, repaired, or demolished in the manner and means specifically set forth in said resolution.
(Ord. 08-24 11-18-08)
(1) 
Appeal. Any person entitled to service under this Section may appeal from the decision of the Construction Appeals Board by filing at the office of the City Clerk within seven days, along with an Appeal Fee of $100, from the date of service of such decision, a written, dated appeal containing:
(a) 
A heading in the words "Before the City Council."
(b) 
A caption reading "Appeal of (name)" giving the names of all appellants participating in the appeal.
(c) 
A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order.
(d) 
A statement in ordinary and concise language of the specific order or action protested, together with any material facts supporting the contentions of the appellant.
(e) 
The signatures of all parties named as appellants, and their official mailing addresses.
(f) 
The verification of at least one appellant as to the truth of the matters stated in the appeal.
(2) 
Hearing on Appeal. As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing of the appeal by the City Council, which date shall be not less than seven days nor more than thirty days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least five days prior to the date of the hearing to each appellant by the City Clerk, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. Continuances of the heating may be granted by the City Council on motion of either party for good cause shown, or on the City Council's own motion.
(3) 
Decision. Upon the conclusion of the hearing on such appeal, the City Council shall, by resolution either:
(a) 
Terminate the proceedings;
(b) 
Confirm the action and decision of the Construction Appeals Board; or
(c) 
Modify such decision based upon evidence adduced at said hearing.
In the cases of alternative (a) or (b), the resolution shall declare such premises property to be a public nuisance and order the abatement of the same within thirty days by having such premises property, buildings or structures rehabilitated, repaired or demolished in the manner and means specifically set forth in said resolution.
(Ord. 08-24 11-18-08)
A copy of the resolution of the City Council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 11-75 and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises rehabilitated or to have such buildings or structures demolished or repaired in accordance with said resolution and at his or her own expense provided the same is done prior to the expiration of said thirty-day abatement period. Upon such abatement in full by the owner, the proceedings hereunder shall terminate.
(Ord. 08-24 11-18-08)
The City Administrator or designee shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work is done and shall render an itemized report in writing to the said City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of said property, buildings or structures, including any salvage value relating thereto provided, that before said report is submitted to said City Council, a copy of the same shall be posted for at least five days upon such property, together with a notice of the time when said report shall be heard by the City Council for confirmation. A copy of said report and notice shall be served upon the owners of said property, in accordance with the provisions of Section 11-75 at least five days prior to submitting the same to the City Council. Proof of said posting and service shall be made by affidavit filed with the City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.
(Ord. 08-24 11-18-08)
As soon as scheduling permits, the City Council, sitting as the Board of Equalization at said hearing, may modify or correct any vacant or abandoned buildings correction tax which in its opinion is excessive or otherwise incorrect. If no corrections or modifications are made, said taxes shall be deemed confirmed and the Board's decision thereon shall be conclusive, and the same shall thereupon become a lien against the property involved and against the premises or property abutting or adjoining the sidewalk in the event the property cleaned is the sidewalk, until paid. If any correction or modification in any tax is made, said corrected or modified amount shall be deemed confirmed and the Council's decision thereupon shall be conclusive, and the same shall thereupon become a lien against the property involved, and against the property until paid.
(Ord. 08-24 11-18-08)
The owner, or other person interested in the premises on which any work has been performed, under the provisions of this Chapter, may pay the costs thereof to the City Clerk within sixty days after the filing of said statement by the Planning and Building Director with the City Clerk. The City Clerk shall cause all monies collected hereunder to be paid into the City Treasury without delay.
(Ord. 08-24 11-18-08)
A statement of all amounts remaining unpaid at the end of said period of sixty days, verified by the City Clerk, and giving the description of the respective pieces or parcels of land upon which such charges exist, shall immediately thereupon be prepared by the City Clerk, and shall be by him or her immediately forwarded to and filed with the Tax Collector, who shall thereupon cause an entry to be made on the tax roll opposite the description of the property therein described as follows: "Vacant or Abandoned Buildings Correction Tax," filling in the amount of the expense shown in the statement of the City Clerk in each particular case, plus a penalty of eight percent to cover the incidental expense of collection. The Tax Collector shall thereafter cause a corresponding entry to be made on the tax bill for the said property; and thereafter before any payment shall be received for any tax for the redemption of the said property, the said amount of vacant and abandoned building correction tax shall first be paid.
(Ord. 08-24 11-18-08)
In all respects, other than as in this Chapter recited, said vacant or abandoned buildings correction taxes shall be collected and the collection thereof endorsed, in the same manner, under the same conditions, and pursuant to the same notices, as other taxes upon real property in the City.
(Ord. 08-24 11-18-08)
Any said vacant or abandoned buildings corrections taxes, penalties or costs thereon paid more than once, or erroneously, or illegally collected by reason of a clerical error, may, by order of the City Council, be refunded by the City Treasurer; provided, however, that no order of the City Council to refund said taxes, penalties or costs, shall be made except upon a verified claim thereof filed within six months after making of the payment sought to be refunded, or in the case of a double assessment of such taxes, within two years after such payment.
(Ord. 08-24 11-18-08)
The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.
(1) 
After such confirmation and recordation, a copy may be turned over to the Tax Collector for the City, whereupon it shall be the duty of said Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes; or
(2) 
After such recordation such lien may be foreclosed by judicial or other sale in the manner and means provided by law.
(3) 
Such notice of lien for recordation shall be in the form substantially as follows:
"NOTICE OF LIEN
(Claim of City of Inglewood)
Pursuant to the authority vested by the provisions of Section 11-80 of the Inglewood Municipal Code, the City Administrator or designee of the City of Inglewood did on or about the _____ day of _____ , 20 _____ , cause the premises hereinafter described to be rehabilitated or the building or structure on the property hereinafter described, to be repaired or demolished in order to abate a public nuisance on said real property; and the City Council of the City of Inglewood did on the _____ day of _____ 20_____, assess the cost of such rehabilitations, repair or demolition upon the real property hereinafter described; and the same has not been paid nor any part thereof, and that said City of Inglewood does hereby claim a lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $,_____: and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.
The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Inglewood, County of Los Angeles, State of California, and particularly described as follows:
(Description)
Dated: This _____day of ________, 20_____
City Administrative Officer or designee of the City of Inglewood"
(Ord. 08-24 11-18-08)
(1) 
Nothing in the foregoing section shall be construed to prevent the filing of civil court action to abate a public nuisance pursuant to applicable law, or to file a misdemeanor action, to schedule code enforcement office hearing, to issue administrative citations, or to schedule a special use revocation hearing deemed legally appropriate by the City Attorney.
(2) 
All or any part of premises found to be maintained in violation of IMC Section 11-70.2 or otherwise meets the definition of a public nuisance as defined in IMC Section 11-79.1 are declared to be a public nuisance and may be abated b rehabilitation, demolition, or repair pursuant to the procedures set forth herein.
(Ord. 08-24 11-18-08)